Los Angeles daily herald., 1887-04-03
PROCLAMATION |!
STA E OF CALIFORNIA, }
EXECUTIVE DEPARTMENT,
c.rp .MrNTn Mot0h 1S 1887

SACRAMENTo; MIL Gu 10. looE'
WHEREAS, the Legislature of the State of
California, at its twenty-seventh session. be-
ginning on the third day of January, A. D..
eighteen hundred and eighty-seven, two
thirds Of all the members elected to each OF
the twUoHouses of .aid Legislature voting in
favor thereof, proposed the following de-
scribed amendments to the Constitution of
the State of California. to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State, relative to the Judiciary Depart
ment.
Resolved, That the Legislature of the State
of California, az its regular session, COM
mencing on the third day of January, A. D.
eighteen hundred and eighty. seven, two:
thirds of all the members elected to each of
the Houses of said Legislature voting in ia
vor thereof, hereby propose that sections
two and three Of article vi. OF the Constitu-
tion of said Sta.e be amended TO read ss
follows:
Section 2. The Supreme Court shall CO n
sist of seven Justices. The Associate Jus
tices of the Supreme Court, in office at the
time of the adoption OF this amendment to
the Constitution are hereby continued in
office as Justices OF the Supreme Court for
the remainder of the terms to which they
were respectively elecred. The Justices
Justice, and he shall hold the office OF Chief
Justice OF said court for a term of two
years At the expiration of the term Of the
Chief Justice first elected, and every two
years thereafter the Justices shall elect
Chief Justsce for like term of two years.
An entry of the election of such Chief JUS
tice shall be made In the minutes OF the
court and signed by four Justices. When
ever thereafter vacancy, occurs in the OF,
fee Of Chief Justice IKE ss election shall
term. The Supreme Court may sit in de-
partments or in bank. and shall always be
open for the transaction of business, There
shall be two departments, denominated, re
spectively, Department One and department
Two The Chief Justice shall assign three
of the Justices to each department., and
such assignment may be changed by him
from time to time. The Justices shall be
competent to sit in either department. and
may Interchange with esch other by agree.
ment among themselves or as ordered by
the Chief Justice. Each of the departments
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con-
tained in relation to the Court in bank. The
presence Of three Justices shall be necessary
to transact any business in either of the de-
partments, except such as may be done at
chambers, and the concurrence of two Jus
tices shall be necessary to pronounce
judgment The Chief Justice shall apportion
the business to the departments and m y,
in his discretion, order any cause pending
before the Court to be heard and decided by
the Court in bank. The order may be made
before or after judgment pronounced by
department; but wnere cause has been al
lotted to one of the departments, and judg-
ment pronounced thereon, the order mus
be made within thirty days after such judg
ment and concurred in by twoJ Justices, and If
SO made it shall have the effect to vacste and
set aside the judgment. Any four Justices
may, either before or after judgment by a
order a case to be heard in
bank. If the order be not made within the
time above limited, the judgment shall be
final. No judgment by a department shall
become final until the expiration of the
period of thirty DAYS aforesaid, unless ap
proved by the Chief Justice. in writing,
with the concurrence of two Justices. The
Chief Justice may convene the Court in
bank at any time, and shall be the presiding
Justice of the Court when so convened. The
concurrence OF tour Justices present at the
argument shall be necessary to pronounce a
Judgment in bank; but IL four Justices, so
present. do not concur in judgment, then
all the Justices qualified to sit in the cause
judgment a concurrence OF four Judges
shall be necessary. In the determination
OF causes all decisions of the Court in
bank. or in departments, shall be given
in writing and the grounds of the decision
shall be stated. The Chief Justice may sit
in either department, and shall preside
when so sitting, but the Justices assigned
to each department shall select one of their
number as presiding Justice. In case of
the absence OF the Chief Justice from the
place ut which the court is held, or his ina
bility to act, the Associate Justices shall Sc
lect one of the own number to perform
the duties and exercise the powers of the
Chief Justice during such absence or ina
biiity to act The Supreme Court Commits.
sion, created by the act OF the Legislature,
approved March twelfth, eighteen hundred
aud eighty-fiye, shall continua and be Su-
preme Court Commission for four years af-
ter the adoption of this amendment. Said
commission may be continued for such
time thereafter as may be fixed by all act
passed by vote of twO-thirds of the elected
members of each House of the Legislature,
and approved by the Governor. The mem.
bers thereof and Secretary shall be ap-
pointed as in said act provided; and such
commissioners shall be subject to removal
in like manner as the Judges Of the Su-
preme Court. Said commission shall have
the same power to hear and determine
causes possessed by department of the
Supreme Court, and !, causes .a may be assigned
are assigned to department, and after de-
cisiOn they may be ordered heard in bank
in the same way, and with like restrictions
as If decided in department. The judg-
ments Of the commission snail pc entered
as the judgments of the court. The com
mission shall sit at such times and places as
may be designated by the court, but such
commissioners shall not exercise any
judicial functions except when assem-
bled as commission, and then they
shall only have power to hear and deter
mine such causes as may have been assigned
Section 8. The Justices of the Supreme
Court shall be elected by the qualified
electors of the State at large, at the general |
State elections and the times and places at
which State officers are elected; and the |
term OF office shall be twelve years from